Section 78 Orders and regulations

Scotland

(1)

Any order or regulations made under this Act shall be made by statutory instrument; and, subject to subsection (2), a statutory instrument containing any such order, other than an order under section 81(2), or any such regulations shall be subject to annulment in pursuance of a resolution of the Parliament.

(2)

A statutory instrument containing—

(a)

regulations under section 28(1)(a), 56(1)(a) or 73(2)(b);

(b)

an order under section 3 F1or 25(5A); or

(c)

if it amends or repeals an enactment, an order under section 80(2),

of this Act shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Parliament.

Annotations

Textual amendments

F1: Words in s. 78(2)(b) inserted (17.10.2005) by Smoking, Health and Social Care (Scotland) Act 2005 (asp 13), ss. 31(3), 43(3); S.S.I. 2005/492, art. 3(a), sch. 1